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VINSON v. RICHMOND POLICE DEPT.

No. 77-1153.

567 F.2d 263 (1977)

Garnet VINSON, Appellant, v. RICHMOND POLICE DEPT., and Richmond Commonwealth Attorney, etc., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 12, 1977.

Attorney(s) appearing for the Case

George W. Warren IV, Richmond, Va., for appellant.

Thomas D. Stokes III, Richmond, Va. (Browder, Russell, Little, Morris & Butcher; Stacy F. Garrett III, Deputy Commonwealth's Atty. for the City of Richmond and Aubrey M. Davis, Jr., Commonwealth's Atty., Richmond, Va., on brief), for appellees.

Before RUSSELL and HALL, Circuit Judges, and THOMSEN, District Judge.

DONALD RUSSELL, Circuit Judge:

This is a pro se § 1983, 28 U.S.C., action.1 The district court dismissed the action as barred by the applicable Virginia statute of limitation, as established by us in Almond v. Kent (4th Cir. 1972) 459 F.2d 200, 204, for § 1983 actions. On appeal we find it unnecessary to consider this ground, which is one of defense,2

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